2/12/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - February 12, 1992 W . J . Tarabelli & Sons Inc . - Request a Special Permit under Section 174- 17 of the Zoning By- laws for permission to expand a non-conforming structure with a second-floor addition in an R-3 zoning district on property located at 9 Beach Road (Map 123, Block 156 ) Mashpee, MA. ( Owner of record : Nashua Trust Co . & McLean, Patricia T . and James J . , TRS ) . Members sitting : M. Makunas, C. Hawver, J . Friel J . Tarabelli represented the application and explained that the owners were raising an existing structure and adding a second. floor . A new septic system has been installed and approved . Mr . Makunas noted that an abutter, Mr. Cloran, had called to state that he had no objections . Virginia Landry of the Popponesset Beach Association reviewed the plans and asked that they be stamped when approved . Attorney Andrew Daniels, representing direct abutters Mr . and Mrs . Ferguson, stated that the Fergusons had visited last weekend and found their driveway dug up, a foundation on the adjoining lot and the house jacked up. They questioned why any construction had commenced before the Board of Appeals hearing . He commented that the site plan did not conform with the zoning by-laws and did not show surrounding septic systems, wells and utilities . Mr. Makunas explained that the regulations Mr. Daniels was reading applied to the Planning Board . Mr. Daniels said that the construction has already had adverse effects in that the driveway has been dug up, fence broken and roses destroyed . Mr. Makunas stated that it might be a civil situation on trespass which should not be addressed . There was discussion of the location of the Ferguson septic system and easements for the driveway . Mr. Daniels discussed the fact that the water lines were on the Ferguson land without an easement and Mr . Tarabelli questioned why this was not done when the lots were subdivided by the Fergusons . Mr. Daniels stated that the deck was added by the previous owner without any permits . Mr. Friel questioned when Mr. Ferguson had sold the adjoining property and was told it was 1986 . At that time Mr. - Ferguson installed the water lines but had no easements . Mr. Makunas explained that the septic and water are Board of Health issues and that the Board of Appeals has to act on the application as if no work had been done . There was discussion on the age of the deck and Mr. Tarabelli said it was not built of pressure-treated wood . Mr . Boyd said that the deck was in the Order of Conditions from the Conservation Commission .